Exchange of information and transparency in the BEPS Action Plan: An analysis of the legal issues

International cooperation between governments on fiscal affairs and administrative transparency has a key role in counteracting the phenomena of tax evasion and tax avoidance.

Corporate Taxes, CFCs, Double Taxation, Anti-Avoidance, Withholding Taxes

Thin capitalisation rules in Brazil and international tax principles: Part I

It is common for multinational enterprises around the world to finance their associated subsidiaries in high-level tax jurisdictions through issuing debts rather than equities.

Anti-Avoidance, ROW

Thin capitalisation rules in Brazil and international tax principles: Part II

In Part I, Gabriel Magalhães Borges Prata examined Brazil’s thin capitalisation regime. He concludes this discussion here.

Anti-Avoidance, ROW

The impact of BEPS on German transfer pricing practice – practical issues and problems

The ever growing number of transactions involving MNEs over the past decade has resulted in transfer pricing becoming increasingly important.

Double Taxation, Anti-Avoidance

Russia’s ‘deoffshorisation’ rules on controlled foreign companies move closer to implementation

The Russian government has joined the ranks of a great number of other jurisdictions which are seeking to introduce mandatory reporting requirements on the unreported capital of its citizens, placed, until now, in offshore locations.

Corporate Taxes, CFCs, ROW

The concept of beneficial ownership in the OECD model tax convention 2014: A critical analysis – Part II

In Part I of his article on beneficial ownership, Dr Maxim Kotlyarov discussed the economic and social objectives of double taxation treaties, which are intended to contribute to wealth creation and social stability, focusing on the beneficial ownership concept in the context of the OECD Model. In Part II, he concludes his analysis of this concept drawing, in particular, on the meaning attributed to ‘beneficial ownership’ by courts in various jurisdictions and anticipating how the concept and meaning of ‘beneficial ownership’ may subsequently evolve.

Corporate Taxes, Withholding Taxes

BRICS and article 12: international tax policy implications: Part 4

In this final part, Peter Wilson concludes his discussion of Article 12. Parts 1-3 appeared in the previous three issues of ITR.

Double Taxation, ROW

Is cloud computing a challenge to the traditional concept of a permanent establishment?

The term cloud is used by the information and communication technologies (ICT) industry to indicate, primarily, virtual platforms or infrastructures that allow the execution of codes (services, applications, among others) in various forms across multiple resources, with relevant data.

Region, Europe
Corporate Taxes

Is cloud computing a challenge to the traditional concept of a permanent establishment?

Part 3

In Parts 1 and 2, which appeared in the March and April issues, Maria Cecilia Rossi discussed Cloud Computing and its interaction with the concept of permanent establishment. Here, in Part 3, she concludes her discussion.

Corporate Taxes, Practice
Anti-Avoidance

The OECD’s Base Erosion and Profit Shifting project – An update

The Base Erosion and Profit Shifting (BEPS) project is now 18 months under way and is being supported by the G20 so it is almost certain that there will be considerable changes to the international tax landscape in the near future.

Transfer Pricing, Anti-Avoidance
Region

The concept of beneficial ownership in the OECD model tax convention 2014: A critical analysis – Part I

Introduction[1] - Tax avoidance and tax evasion schemes undermine the foundations of wealth of developed and developing countries. According to the Tax Justice Network in 2006 ‘… the total tax evasion worldwide amounts to more than USD 3.1 trn … or about 5.1% of the world GDP …’[2] Various aspects of harmful tax practices, aggressive tax planning and tax competition between countries are on the global agenda of international organisations. It is realised that combatting tax avoidance schemes is impossible without addressing the economic, social and ethical aspects of the problem. Legal instruments, even in the form of perfectly drafted double taxation treaties, are not enough. It is also crucial to apply specific approaches when dealing with developed and developing countries and recognise their national interests in a global context.

Double Taxation, Europe
Double Taxation

Is cloud computing a challenge to the traditional concept of a permanent establishment? Part 2

In Part 1, Maria Cecilia Rossi introduced the concept of cloud computing and examined its interaction with traditional international tax law concepts and theories, with particular reference to the concept of permanent establishment. In Part 2, Rossi continues this discussion.

Corporate Taxes, Double Taxation
Investment and Indirect Taxes

Investment in Colombia from an international taxation perspective: Part 2

In Part I, Sylvia H. Torres Caro discussed how Colombia attracts foreign investment and focused her discussion on legal stability agreements put in place by Colombia and other Latin American countries. She concluded by briefly discussing the role played by Colombia’s double tax treaties in securing foreign direct investment. Part II continues this discussion.

Investment and Indirect Taxes, US/Americas
Practice

International tax avoidance using trusts: How can Cyprus facilitate this form of tax planning?– Part II

In Part I, Iva Angelova introduced the concept of tax avoidance and explained how trusts are used in tax planning schemes. In Part II, she continues with a discussion on the use of trusts internationally and the role played by Cyprus in the world of tax planning.

Anti-Avoidance, EU Law